FMLA Procedures Manual - Table Of Content

- TABLE OF CONTENTS -

Below are the covered topics for both our FMLA Training & Certification Program and our Procedures Manual. While each includes numerous tips, examples, and procedural recommendations, the way each is used is different.

For the Training & Certification Program, the content is presented as classroom learning where you complete one lesson, then are quizzed on the what you learn before moving on to the next lesson. The Manual is typically used as a reference material, and allows you to click through to related links (instead of having to use an index, like at the back of a traditional book), so essentially you can click on any topic at any time to see not only that content, but all related content on one page. Click here to order the Training & Certification Program or the Manual individually, or both for a discounted price.

Purpose Of The Family and Medical Leave Act Of 1993 (FMLA)

• What Is The Family And Medical Leave Act Of 1993?
• Why Was The FMLA Enacted?

Legislative Background

• The Family & Medical Leave Act Of 1993 (FMLA) – The Statute
• The FMLA Regulations

Employers Subject To The FMLA

• Private Employers
• Public Agencies
• Worksite Rules
• Integrated Employers
• Joint Employers

Employee Eligibility Criteria

• Three Requirements
• Rules Relating To The 1,250-Hour Criteria
• Special Rule For Airline Flight Crews Covered By FMLA
• Leaves Commencing Before All Eligibility Requirements Are Met

State Leave Laws

• General Guidelines
• State Leave Laws
• How To Determine What Applies
• An Issue Of Timing – Which Leave Event Comes First?

Family Leave

• What Is Family Leave?
• When Family Leave Can Be Taken
• Family Leave For Exigent Circumstances
• Family Leave For Exigent Circumstances

Medical Leave

• Medical Leave
• Family Members For Whom An Employee Can Take Medical Leave
• Documentation Of Family Relationship
• Caring For A Family Member

Serious Health Condition

• Overview
• Inpatient Care
• Incapacity and Treatment
• Absence Plus Treatment – The Absence
• Absence Plus Treatment – The Treatment
• Absence Plus Treatment – Examples
• Pregnancy and Prenatal Care
• Permanent Or Long-Term Conditions
• “Non-Chronic Conditions Requiring Multiple Treatments”
• Short-term Illnesses, Part I
• Short-Term Illnesses, Part II
• Health Conditions Generally Not Considered Serious
• Substance Abuse
• Military Family Leave Protection
• Health Care Provider
• Chiropractors

Serious Injury or Illness

• Serious Injury Or Illness of A Covered Service Member Or Former Service Member

Leave Year Issues

• Overview
• Leave Year Options – Calendar Year
• Leave Year Options – Fixed Year
• Leave Year Options – Measured Forward
• Leave Year Options - Rolling Backward
• Spouses Working For The Same Employer
• Coordinating 12 Weeks With 26 Weeks
• Other Issues

Coordination With Available Paid Time

• Overview
• Vacation, PTO & “No-Fault” Paid Time
• Sick Leave, Medical Leave, etc.
• Compensatory Time
• Workers’ Compensation & Disability Leave
• Notice

Intermittent/Reduced Schedule Leave

• Overview
• Family Leave & Exigent Circumstances
• Exigent Circumstances
• Medical Leave
• Increments Of Time
• Determining Total Available Time
• Exempt Employees’ Pay
• Alternative Position

Notices

• Notice Requirements Overview
• Posted Notice
• General Notice, Part I
• Eligibility Notice
• Rights and Responsibilities Notice Overview
• Rights And Responsibilities Notice – Timing And Mailing
• Rights and Responsibilities Notice – Content
• Other Requirements
• Designation Notice

Designation Of Leave

• Responsibilities
• Process & Disputes
• Retroactive Designation

Medical Certification

• Employer’s Request For Medical Certification
• Employer’s Request For Medical Certifications: Serious Health Condition
• Employer’s Request For Medical Certifications: Serious Injury or Illness
• Employer’s Request for Qualifying Exigency Certification
• Timeframes For Return Of Certification
• Consequences Of Failure To Return Certification
• Content
• Content: Servicemember’s or Former Servicemember’s Serious Injury or Illness
• Content: Qualifying Exigency
• Handling Of Completed Medical Certifications
• Inadequacy Of Certification
• Second And Third Opinions
• Recertifications – General Rules
• Recertifications – “Exception” Rules

Employee Responsibilities

• Notice For Leave – General Requirements
• Notice For Leave - Foreseeable Leaves
• Notice For Leave –
• Notice For Leave – Employer Recourse
• Intent To Return
• Fitness For Duty

Benefit Maintenance

• Maintenance Of Health Benefits – Basic Rules
• Paying For Health Benefits
• Cancellation Of Benefits
• Benefit Issues After FMLA Leave

Right to Reinstatement

• Equivalent Position
• Equivalent Pay
• Equivalent Benefits
• Equivalent Terms And Conditions Of Employment
• Layoffs
• Fraud
• Moonlighting
• Other Considerations
• Key Employees – Basic Rules
• Key Employees – Sequence For Restoration Denial
• The “Light Duty” Rule

USERRA

• Introduction
• Protected Individuals
• Exceptions To The Five-Year Limit
• Employee Notice Of Service
• Nondiscrimination
• Reemployment Rights
• Time Limits For Reporting Back To Work
• Re-employment Not Required
• Failure To Timely Report
• Required Documentation
• Job Reinstatement Criteria
• Disability Related To Service
• Undue Hardship
• Employee Discharge
• USERRA And FMLA
• Health Coverage
• Interaction With COBRA
• Election Notice
• Health Coverage Premiums
• USERRA Does Not Extend Beyond 24 Months Of Continuation Coverage

Enforcement of FMLA

• Private Rights Of Action
• Employer Liability

Special Rules for Schools

• School Personnel To Whom Special Rules Apply
• 20% Rule For Intermittent/Reduced Schedule Leave
• Leave At End Of Academic Term

Your FMLA training can be purchased as a Training & Certification Program ($599) or Manual ($599) only, or combined ($799). We also offer discounts for purchasing training for multiple employees or administrators.